Agreement of Public Offer on the Provision of a Donation
1. General Provisions
2.1. The subject of this Agreement is a free of charge, voluntary and irrevocable transfer of funds by a Benefactor to the Foundation by donating for ensuring the Foundation’s statutory activities, and the Foundation, for its part, shall accept such a donation and undertakes to use it for charitable activities according to the Statute and the legislation of Ukraine.
2.2. The execution of this Agreement by the Parties is not aimed at obtaining profit or any other benefits for any of the Parties.
2.3. This Agreement is concluded on the terms of accession agreement (according to Article 634 of the Civil Code of Ukraine) and is considered concluded from the moment of acceptance of the Public Offer.
2.4. The transfer of funds by the Benefactor under this Agreement is recognized as a donation according to Article 6 of the Law of Ukraine «On Charitable Activities and Charitable Organizations».
3. Acceptance of the Agreement
3.1. Acceptance of the Offer means that the Benefactor agrees to its all provisions without any exceptions and/or limitations, is familiar with the Statute of the Foundation and is totally aware of and agrees to the subject of the Agreement, the purpose of public collection of donations, as well as to the right of the Foundation to use a part of the Benefactor’s donation for the administrative expenses of the Foundation in the amount not exceeding 20 per cent of the Foundation’s receipts within the current year.
3.2. The offer is recognized as accepted and the Agreement concluded from the date of crediting the funds to the Foundation’s current account or their posting at the cash desk of the Foundation.
3.3. The Parties agree that from the moment of acceptance of the Offer this Agreement is concluded in written form according to the requirements of the Civil Code of Ukraine and the Law of Ukraine «On Charitable Activities and Charitable Organizations». Herewith the Parties agree that after the acceptance of the Offer, failure to conclude this Agreement in the form of a separate document does not entail the invalidity of this Agreement.
4. The procedure for providing a donation
4.1. The Benefactor solely, at his own discretion determines the amount of the donation and has the right to ask the Foundation and get the information on the nature and amount of the necessary donation for the specific goals of the Foundation’s activities.
4.2. The Benefactor can provide the donations by:
4.2.1. making a money transfer using the payment forms and means available at the Website;
4.2.2. making a money transfer to the current accounts of the Foundation according to the Foundation’s bank details.
4.3. The payment is considered as made by the Benefactor at the time of confirmation of a successful transaction by the bank or payment system.
4.4. Expenses related to donating (charges for transferring funds, taxes, fees etc.) are borne by the Benefactor if such expenses are charged to the Benefactor, and by the Foundation - if such expenses are charges to the Foundation.
4.5. The Benefactor bears responsibility for the accuracy of the information provided while donating.
4.6. Donations are not subject to refund to the Benefactor. If an uncontrollable situation arises, the refund issue of the mistakenly donated amount is considered individually.
5. Rights and obligations of the Parties
5.1. The Benefactor has the right:
5.1.1. to make a donation to the Foundation without limitationsin terms of amount and number of times during the entire validation term of this Agreement;
5.1.2. to get information on the use of his/her donation by familiarization to the Foundation’s reports posted on the Foundation’s Website;
5.2. The Foundation is obliged:
5.2.1. to provide, at the Benefactor’s request, report on the direction and purposes of using the donation;
5.2.2. to use the obtained donations for achieving the goals stipulated by the Foundation’s Statute.
5.3. The Foundation has the right:
5.3.1. to receive donations, use them according to the subject and terms of this Agreement and its statutory activities;
5.3.2. to use a part of the donation for administrative expenses of the Foundation in the amount not exceeding the Law of Ukraine «On Charitable Activities and Charitable Organizations»;
5.3.3. to change the direction of use of the donation within the framework of the Foundations’ statutory activities.
6. Liability of the Parties
6.1. In case of non-fulfilment or improper fulfilment of their obligations stipulated by the Offer, the Parties are responsible according to the current legislation of Ukraine and the terms of this Offer.
6.2. The Foundation bears no responsibility for the actions or inactions of third partiesas a result of which it turned unable to fulfil its obligations under the Offer.
7. Dispute resolution procedure
7.1. All disputes arising from the execution of this Agreement, concluded on the terms of the Offer, shall be resolved through negotiations in written form.
7.2. The claim shall be submitted to the Party in written form by sending a registered letter with the notification of delivery, within the period of no more than 10 (ten) calendar days from the date of comments that are the basis for the dispute. The claim is considered within 30 (thirty) calendar days calculated from the day of its delivery to the Party addressed.
7.3. In case the Parties fail to reach an agreement through negotiations in written form, the dispute arisen shall be considered according to the procedure provided for by the current legislation of Ukraine.
8. Final provisions
8.1. By accepting the Offer, the Benefactor gives the Foundation its consent for the processing of his/her personal data, disclosed by the Benefactor while making a donation in order to fulfil the terms of the Agreement.
8.2. The Offer becomes effective from the day of its posting on the Foundation’s Website and is valid indefinitely. The Foundation has the right to cancel the Offer at any time without giving reasons. Changes and additions to the Offer can be made in unilateral order; they become effective from the day of its posting on the Foundation’s Website.
8.3. The Benefactor is obliged to monitor the changes in the terms of the Offer solely by familiarizing himself with the conditions of the current (up-to-date) edition on the Website.
8.4. The Benefactor may not demand the termination of this Agreement except for the cases provided by the legislation.
8.5. By taking actions provided for by this Agreement, the Benefactor confirms he/she is familiar with the terms and contents of this Agreement, is aware of the meaning of his actions, unconditionally affirms his legal capacity, voluntary conclusion of the deed; that the subject of the donation is not under ban, arrest or in lien, is unencumbered by any other rights of third parties and was not acquired in violation of the provisions of Law of Ukraine No. 361-IX «On prevention and countermeasures against legalization (laundering) of proceeds obtained through crime, financing of terrorism and proliferation of weapons of mass destruction» and totally agrees with the terms of this Agreement.